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Freedom of Speech - Eric Barendt

Freedom of Speech

Paperback

Published: 22nd October 1987
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This book discusses the legal protection of speech in the UK, the USA, Germany and under the European Convention on Human Rights. The author contends that the meaning and scope of freedom of speech can only be properly understood against the background of the moral and political arguments for the protection of freedom of speech and its incorporation in constitutions. On this basis, he analyses the case law in the light of fundamental free speech principles. He also considers the types of expression and conduct which should be treated as 'speech' for the purpose of a free speech clause, and whether freedom of speech requires the recognition of rights of access to the media or to hold meetings on public premises. The book also examines the restrictions imposed on speech by laws of libel, obscenity and contempts of court, and is critical of the current state of English law, which compares unfavourably with the position in some other countries.

"Salutary reading for American legal scholars....An intriguing contrast to the conventional American approach to constitutional law."--Journal of International Law and Politics"Admirable in its reach, both in the range of its sources and the breadth of its coverage."--International and Comparative Law Quarterly "Salutary reading for American legal scholars....An intriguing contrast to the conventional American approach to constitutional law."--Journal of International Law and Politics "Admirable in its reach, both in the range of its sources and the breadth of its coverage."--International and Comparative Law Quarterly "Salutary reading for American legal scholars....An intriguing contrast to the conventional American approach to constitutional law."--Journal of International Law and Politics "Admirable in its reach, both in the range of its sources and the breadth of its coverage."--International and Comparative Law Quarterly "Salutary reading for American legal scholars....An intriguing contrast to the conventional American approach to constitutional law."--Journal of International Law and Politics"Admirable in its reach, both in the range of its sources and the breadth of its coverage."--International and Comparative Law Quarterly

A Note on Abbreviationsp. xii
Table of British Casesp. xiii
Table of United States Casesp. xvi
Table of German Casesp. xxi
Table of Decisions of the European Commission and Court of Human Rightsp. xxiii
Miscellaneous cases from other jurisdictionsp. xxiv
Why Protect Free Speech?p. 1
Introductionp. 1
Three Free Speech Theoriesp. 8
Mill's argument from truthp. 8
Free speech as an aspect of self-fulfilmentp. 14
The argument from citizen participation in a democracyp. 20
Free Speech Interestsp. 23
Four Legal Systemsp. 28
Great Britainp. 29
The United States of Americap. 31
West Germanyp. 33
The European Convention on Human Rights and Fundamental Freedomsp. 35
The Meaning Of Speechp. 37
Introductionp. 37
Speech and Conductp. 41
Speech and Moneyp. 48
Commercial Speechp. 54
A Right of Silencep. 63
Freedom of the Pressp. 67
The Character And Scope Of Freedom Of Speechp. 78
Introductionp. 78
Political Arguments concerning Claim-Rights to Free Speechp. 81
Access to Public Fora: Meetings and Processionsp. 86
Access to the Press and Mediap. 98
Access to Informationp. 107
Prior Restraintsp. 114
The Varieties and Vices of Prior Restraintsp. 115
Theatre and Film Censorshipp. 125
Official Secrets and Confidential Informationp. 130
Two Other Areas: Contempt of Court and the Licensing of Meetingsp. 139
Political Speechp. 145
Introductionp. 145
The Preferred Position of Political Speechp. 146
Sedition and Related Offencesp. 152
Racialist Speechp. 161
Disclosure of Official Secretsp. 167
Libel. And Invasion Of Privacyp. 173
General Principlesp. 173
Libelp. 178
Invasion of Privacyp. 189
Public Orderp. 192
Some Preliminary Observationsp. 193
Inflammatory Speechp. 199
The Hostile Audiencep. 206
Free Speech And The Judicial Processp. 214
Introductionp. 214
Attacks on the Judiciaryp. 218
Prejudice to Criminal Trialsp. 223
Prejudice to Civil Trialsp. 229
A Right of Access to the Courtsp. 235
Obscenityp. 244
Introductionp. 244
Is Obscenity 'Speech'?p. 247
Specific Harmsp. 255
Obscenity and the Moral Tone of Societyp. 261
Obscenity, the Arts, and Learningp. 269
Obscenity and Offensivenessp. 272
Freedom Of Associationp. 280
Introductionp. 280
The Relationship with Freedom of Speechp. 282
Freedom Not to Associatep. 291
Some Conclusionsp. 299
Freedom of Speech as a Constitutional Rightp. 299
A 'Free Speech Clause' for Britain?p. 304
Postscriptp. 308
The Meaning of Speechp. 308
Libelp. 314
Public Orderp. 317
Access to Public Forap. 321
Freedom of Broadcastingp. 324
Freedom of Speech in Britainp. 329
Bibliographyp. 333
Indexp. 339
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780198256038
ISBN-10: 0198256035
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 366
Published: 22nd October 1987
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 21.6 x 13.8  x 2.54
Weight (kg): 0.51
Edition Type: New edition